Transport Infrastructure Act 1994

A person must not, without lawful excuse, alter a watercourse in a way that adversely affects a transport route.

Maximum penalty—40 penalty units.

If the chief executive considers that water from a watercourse has collected or is likely to collect, and obstruct or be likely to obstruct, traffic on a transport route, the chief executive may—

under section 35, 164 or 298, enter the land on which the watercourse is situated; and

take the action that the chief executive considers necessary or desirable to reduce or prevent the collection of water.

Before exercising the powers under subsection (2), the chief executive may, by written notice, require the owner of the land on which the watercourse is situated to take the action that the chief executive considers necessary or desirable to reduce or prevent the collection of water.

The owner must comply with the notice, unless the owner has a reasonable excuse.

Maximum penalty—200 penalty units.

If the owner fails to comply with the notice, the chief executive may exercise the powers mentioned in subsection (2).

The owner is liable to pay the chief executive the costs incurred because of the exercise of powers.

This section applies—

even if the water collected as a result of action that was authorised under an Act; or

whether the water collects permanently, temporarily or intermittently.

In this section—

alter includes damage and interfere with.

chief executive, in relation to a railway, includes an accredited rail infrastructure manager for railway operations relating to the railway if the manager’s accreditation states that the person may act under this section.

transport route means a busway, railway or road.